RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-01128
                             INDEX CODE:  111.01
      XXXXXXX                    COUNSEL:  NONE
                                 HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be considered by a Special Selection Board  (SSB)  for  promotion  to
the grade of colonel by the Calendar Year 2003B  (CY03B),  CY04C  and  CY06C
Colonel Central Section Boards (CSB).

2.  He be considered by an SSB for promotion to the grade of colonel by  the
CY01B and CY02B below-the-promotion zone (BPZ) CSBs.

________________________________________________________________

APPLICANT CONTENDS THAT:

His records were  incomplete  when  they  met  the  previous  CSBs  and  his
performance was not properly presented.  The justification for  his  request
is  two-fold.   First,  in  July  1998,  he  was  awarded  a  Joint  Service
Commendation Medal (JSCM) by the Defense Intelligence Agency (DIA).  It  was
not entered into his records until April 2007.   It  was  missing  when  his
records met the BPZ promotion boards in 2001 and 2002, as well  as  the  in-
the-promotion zone (IPZ) board in 2003 and the  subsequent  boards  in  2004
and 2006.  Secondly, in April 2005, he was awarded the  Meritorious  Service
Medal (MSM) (sixth oak leaf cluster).  This award was not entered  into  his
records until November 2007 and was also missing when his  records  met  the
2006 promotion board.  All the corrections were complete  when  his  records
met the board in 2007.

In  support  of  his  request,  the  applicant  provided   copies   of   the
aforementioned awards and character letters.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air Force on 16 February  1992
and was progressively promoted to the  grade  of  lieutenant  colonel  (LTC)
having assumed that grade effective and with a date of rank of 1 June  1999.


The applicant was considered but not selected by  the  CY03B,  CY04C,  CY06C
and CY07B Colonel CSBs which convened on 27 October 2003, 6  December  2004,
28 November 2006 and 27 November 2007 respectively.  He was  considered  but
not selected by the CY01B and CY02B below-the-zone (BPZ) CSBs.

He has four nonselections to the grade of colonel.

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AIR FORCE EVALUATION:

AFPC/DPSOO recommends denial.  DPSOO states the JSCM was  not  reflected  on
his officer selection brief (OSB) and the  citation  was  missing  from  his
officer selection record (OSR).  Also, although his  MSM  was  reflected  on
his OSB, the citation was  missing  from  his  OSR.   However,  AFI  36-2501
Officer Promotions and Selective Continuation states, “Do not  have  an  SSB
if, by exercising reasonable diligence, the officers should have  discovered
the error or omission and could have  taken  corrective  action  before  the
originally scheduled board convened.”  The officer preselection brief  (OPB)
sent to eligible officers prior to selection boards contains data that  will
appear on the OSB at the central board.  The written  instructions  attached
to the OPB specifically instruct the officer to carefully examine the  brief
for completeness and accuracy.  If any errors are found,  corrective  action
must be taken prior to the selection board, not after it.  He  was  sent  an
OPB and yet he failed to ensure his OSB was accurate for all  three  boards.
Furthermore, to assure the contents of the actual OSR were correct he  would
have had to request a copy of his records from Officer  Records  or  contact
the records technician at the same office by telephone  and  gone  over  the
contents of his record.  If he had  done  so,  he  would  have  noticed  the
missing decorations and took corrective action at that  time.   He  has  not
provided any documentation to substantiate what action he took prior to  the
boards to ensure the medals were filed in his  OSR.   It  is  the  officer’s
responsibility to ensure the accuracy of his records at AFPC  prior  to  the
board convening date, and not after he has been nonselected  for  promotion.
Additionally, each officer eligible for promotion consideration  is  advised
of  the  entitlement  to  communicate  with  the  board  president  to  call
attention to any matter of record  concerning  them  that  they  believe  is
important to his/her consideration.  As such, he had the option to  write  a
letter  to  the  CSBs  informing  the   board   members   of   the   missing
documentations.  He did not elect to exercise this entitlement.  He has  not
demonstrated he exercised reasonable diligence in maintaining his record.

The complete DPSOO evaluation, with attachments, is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  18
April 2008 for review and comment within 30 days.  As  of  this  date,  this
office has received no response (Exhibit D).

__________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  an  error  or  injustice.   We  took  careful  notice  of  the
applicant's complete submission; however,  we  did  not  find  the  evidence
presented   sufficiently   persuasive   to   override   the   opinion    and
recommendation of the Air Force office of primary responsibility.   In  this
respect, we agree that evidence has not been provided which would show  that
the applicant exercised reasonable diligence  in  ensuring  his  record  was
correct prior to the convening to the contested promotion boards, as it  was
his responsibility to do so.  Therefore, we adopt  the  rationale  expressed
as the basis for our conclusion that the applicant  has  failed  to  sustain
his burden of proof of the existence of an  error  or  injustice  warranting
corrective action by this Board.  In the absence of persuasive  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought in this application.


________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did  not  demonstrate  the
existence of error or injustice;  the  application  was  denied  without  a
personal appearance; and the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered  with  this
application.


________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
01128 in Executive Session on 28 May 2008, under the provisions of  AFI  36-
2603:


                 Mr.  James W. Russell III, Panel Chair
            Ms.  Karen A. Holloman, Member
            Mr.  Wallace F. Beard Jr., Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2008-01128 was considered:

  Exhibit A.  DD Form 149, dated 21 March 2008, w/atchs.
  Exhibit B.  Letter, AFPC/DPSOO, dated 3 April 2008, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 18 April 2008.




                                  JAMES W. RUSSELL III
                                  Panel Chair